Wednesday, June 15, 2011

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I have decent writing skills and can help with writing or reviewing any documents or presentation materials. I don't live near the DC area but am willing to meet MA lawmakers locally. -- MA Chapter

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meridiani.planum

06-17 09:38 PM

Thanks to every one for considering my message and answering to the questions.

Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.

3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement

so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.

Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):

I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)

Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.

You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)

Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.

Depends on your appetite for risk...

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shyamiv

08-13 11:45 AM

USA which is a so called developed country, takes 6 months to issue a passport due to the fact that USCIS is over...........loaded with work. So Flashing story is an old one and will only fit in Hollywood world.

The US Department of State Bureau of Consular Affairs issues a US passport to eligible citizens. Applying for passport and issuance is not a USCIS affair and hence is a lot faster i would say a month or less at most ! Had it been a USCIS affair.... most americans will still be tracking their passport case status online ! :)

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alkg

09-23 04:10 PM

will there be any movement in the dates for the NovVisa Bulletin for the fiscal year 2009?

My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.

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dilipb

10-28 11:34 PM

All u require is - take the EAD cards - take some ID like drivers license or passport - fill this form

1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

2.Can New Jersy laws applicable in India to send a legal notice to me?

3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.

4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

Pls answer the above 3 questions.

No. They can not do anything. Just send the above document to them and tell you will inform DOL and USCIS if they keep pestering you

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X-Wing

05-15 04:33 PM

To Bindas74,

Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.

On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.

Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.

Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.

Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.

Let me know if I am wrong anywhere. Thanks

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keepwalking

05-20 06:52 PM

It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)

-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.

-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;

I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.

-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).

-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).

I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.

Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.

Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.

This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .

If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well... Good luck

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edaltsis

04-23 11:55 AM

Oflate there are quite a few incidents that USCIS has issued RFE's for change of address. I read them on IV Forums and my cousin/ few friends whom I know got RFE's for change of address reason. They send an RFE asking if anything has changed in the employment status (if so it means you need to file AC21) or prove your current employment. Some cases I heard got 485 denials without sending a RFE...this will make one to run on their toes for no reason.

It might not be a problem changing the address but its upto you to decide. If I were you, I would not change the address (for the pending cases) other than filing AR-11 which is required per law.

For EB3 India 7% of 85,030 = 5903. And still Dates are stuck in 2001. I don't know what it take to move it to beyond 2002-2003 ? I'm afraid if there are 100K EB3 in 2001-2004. Why doesn't USCIS come up with such statistics..

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umangini

04-13 10:41 PM

The law does not applicable to child born in USA. If child born in USA then the cross chargeable for child is applicable to the parents birth country. I am still searching for more information. I will post more information as I will find out.

Go ahead and start the process if the company is willing to do it. Ultimately, the DOL, not the employer, will decide whether to deny the LC, certify it or sit on it for 5 years before certifying it.

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stuckinmuck

02-11 07:01 PM

gcformeornot, I don't see what's incorrect in my post. The point about intra-company transfer was implicit in my post since everyone knows L1 is for such transfers. So that should have been understood without being mentioned. My point was that the denial for extension could have been due to the USCIS looking carefully at the job description again and determining that it wasn't really a specialty occupation. So I was particularly pointing out the 'job description' that goes with an L1 visa. I was also saying the same thing as you i.e. the job should be that of an expert in a particular domain which is not readily available. For example, why would a company transfer a java programmer instead of directly hiring one in the U.S?

It's another thing that TCS, Infosys and the likes of those have abused this visa and destroyed its credibility. That issue needs to be looked at by the lawmakers and it is in genuine employers/employees' interests.

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bomber

08-16 06:28 PM

Does anyone have any idea what the code stands for.

485 RD 7/2 ND 7/30 FP date 8/28 for both me any my husband FP code 3

Code 3 means "Fingerprinting, signatures and photos will be taken"

ajju

08-23 01:11 PM

I submitted Proof Of Status along with my I-485 as my lawyer asked for it.. Not sure if everyone does... It was a statement (1 page word doc) with all my H1/I-94 history... I was missing few I-94 numbers, I left it blank... And attached all my H1B copies along with it...

Remember that your I-94 # changes only when you tarvel outside US... So it should be quite simple to keep track... I-94 # is also written on your H1 extension if done while in US... So I was in nutshell able to get most of my I-94 numbers.. except for one duration when I travelled on same H1 twice.. So lost that I-94 #.. But had same H1B for that duration.. SO guess it should be okay...

wandmaker

07-23 07:44 AM

All,

I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

Here is my situation -

Previous Employer - EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

New Employer - EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

Question -

Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

Any "Creative" thoughts on how to approach USCIS moving forward.

Thanks in advance for your replies.

Aamchimumbai

(1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.